NewsSkilled Immigration Act: changes for foreign skilled professionals

Skilled Immigration Act: changes for foreign skilled professionals

New provisions under the Skilled Immigration Act came into effect with new rules for skill recognition, employment and immigration. They provide simplifications for international students, apprentices and skilled professionals from non-EU countries.

The new Skilled Immigration Act (Fachkräfteeinwanderungsgesetz, FEG) makes it easier for skilled workers with vocational training and individuals with practical knowledge to immigrate to Germany. With the new law, existing mechanisms for skilled workers with a university degree, such as the EU Blue Card, will continue and in some cases be extended. In addition, a new opportunity card (Chancenkarte) will enable third-country nationals to seek employment. The new law has several parts with new employment and recognition rules from March 2024 and further amendments from June 2024.

Recognition partnerships

For regulated professions a formal recognition of professional qualifications is required before taking up employment. For other professions, recognition might be helpful. Skilled professionals in countries outside the EU can now partner with employers to launch the recognition procedure upon arrival in Germany. This is called a recognition partnership. In this way, foreign skilled professionals can start to work in Germany sooner. The minimum requirements for a recognition partnership are two years of training or a university degree as well as German language skills (proficiency level A2). Further simplifications with regard to residence regulations in the context of measures aimed at the recognition of foreign professional qualifications include the relaxation of rules for second jobs and the extension of the maximum length of stay to up to three years.

Decoupling recognition and immigration

In the past, it was often necessary to get the formal recognition of professional qualifications to be able to immigrate to Germany, even when the person in question wanted to work in a non‑regulated profession. As of 1 March 2024, persons with work experience in a non‑regulated profession can now enter Germany and take up employment without having to seek formal recognition. These professions include, for example, all dual training occupations. All that is needed is evidence of professional or university qualifications that meets specific requirements. Employers, in turn, must provide a concrete job offer and a certain minimum level of pay.

Strengthened educational migration

Simplifications also apply to international students and apprentices. The rules concerning side jobs for students and apprentices will be expanded from ten to 20 hours a week. This also applies to persons coming to Germany to look for a place in vocational training or higher education, take part in a language course or participate in preparatory measures for prospective university students. The new rules provide for flexibility, enable people to earn a living, and facilitate the transition to the labour market. This increases the attractiveness of Germany as a destination for those starting training or a university course and for those staying on as skilled professionals after completing their programmes.

Furthermore, the new provisions under the Skilled Immigration Act also include rules to ease access to the labour market for

  • IT specialists,
  • nursing aides and assistants,
  • business founders receiving a business start-up grant, and
  • foreign short­term employees for a maximum of eight months.

Introduction of a job search opportunity card

An opportunity card is to be introduced to enable jobseekers to stay in Germany to look for employment. Opportunity cards are issued for a maximum of one year, provided that the holder is able to support themselves for that period. It allows the holder to do work trials or take up secondary employment for a maximum of 20 hours per week during their stay in Germany.

The Western Balkans Regulation

The Western Balkans regulation gives nationals of Albania, Bosnia and Herzegovina, Kosovo, Montenegro, North Macedonia, and Serbia access to the labour market in Germany for any type of employment in non-regulated occupations. The scheme was originally set to expire at the end of 2023. The Regulation on the Further Development of Skilled Immigration will extend the Western Balkans Regulation indefinitely. From June 2024, the quota will be 50,000 approvals per year issued by the Federal Employment Agency.

For further reading

Source: Federal Ministry of Education and Research, iMove Editor by Lynn Dinh, VDI Technologiezentrum GmbH Countries / organization: Germany Global Topic: Vocational Education and Training Higher Education Skilled Personnel Strategic Issues and Framework Industry, Markets

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